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Home My WebLink About2023-01-17 Planning Board Minutes 2 7•za�� Town of North Andover PLANNING BOARD i Eitan Goldberg, Chair Sean I�evlalrarr Peter Boynton Ifelly Cartrrier John Simons w Alissa Ifoenig 7iresda Jrrsrrrar I 2023 7 .nr. 120 Mrrirr Street Town Hall Nor•tlt Arr(laver MA 01845 Present/Planning Board: E. Goldberg,J. Simons, A. Koenig, P. Boynton,K. Cormier-Remote Absent: S. Kevlahan, Assoc. Staff Present: J. Enright E. Goldberg, Chairman: The Planning Board meeting for Tuesday,January 17,2023,was called to order-at 7 p.m. (Read Governor's Order into the record. This meeting is considered a hybrid meeting;both remote and in-person. Votes will be recorded as roll call this evening.) J.J. Enrip-ht: Attendance: K.Cormier-present-remote,A.Koenig-present,E. Goldberg-present,J. Simons-present,P. Boynton- present. Pursuant to Chapter 107 of the Acts of 2022, this greeting of fire North Andover Planning Board will he conducted in person and via r•einote means, in accordance with applicable law. Specific information and the general guidelines for remote participation by members of the public arrd/or•parties with a right and/or requirement to attend this meeting can be found on the Towns website, at)vivrv.nortrmtrloverma.gov. For this meeting, in-person attendance of members of the public and Board rriembers will be permitted Members of the public who wish to watch (lie meeting life may do so oil their televisions by tinting to Corncast Channel 8 or Verizon Channel26 or online at tivrvrv.rroitliarrrlover-cairr.org. Every effort will be made to ensure that the public can adequately access the proceedings in real tune, via technological means. In the event that ive are unable to do so, despite best efforts, the will post oil the Town ofNortt Andover website(ill audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting.If'the public would like to participate in public hearings, but not attend the nheeting in person please email your question/comment prior to or during the meeting to,jerhrlgh (tt)itortlhahhdoi,ei�ihhrr.k The question/coinnient ivill be read during the proceedings and responded to accordingly. CONTINUED PUBLIC HEARINGS: 0 Turnpike Street,Middleton Farms,LLC: Request to continue until the February 28,2023 meeting. Application for a Site Plan Review Special Permit Article 8 Supplementary Regulations,Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The applicant proposes redevelopment of the property consisting of(i)the razing of all existing structures; (ii)the construction of a 167,933 SF industrial building that encompasses the Towns of North Andover(106,321 SF) and Middleton (61,612 SF); (iii)the construction of a new access drive (located in Middleton); (iv)the construction of all associated parking areas,stormwater management structures, shared septic system (located in Middleton), and utility installations; and(v)construction of a 14,303 SF outdoor storage yard(located in Middleton). The project is located within the Industrial 1 Zoning District. 1701 Osgood Street,Extra Space Storage,LLC: Request to continue until the February 7,2023 meeting. Application for a Site Plan Review(Amended), Corridor Development District, and Parking/Loading Special Permits under Article 8 Supplementary Regulations,Part 1 Off-Street Parking and Loading, Part 3 Site Plan Review,Article 16 Corridor Development District, and Article 10 Administration(195-10.7) of the North Andover Zoning Bylaw. The Applicant proposes construction of a 3-story self-storage facility building adjacent to a previously approved 3-story self-storage building along with parking, loading, landscaping and associated improvements, The project is located within the Corridor Development District 3 (CDD3)Zoning District. l Town of North Andover PLANNING BOARD Eitarr Goldberg, Chair � Sean Kevlahan Peter Boynton 5E �6 Kelly Cormier John Simons Alissa Koenig Tuesda)�JalzuarV17, 2023A 7 .rrr, 120 Main Street Town Hrrl! North Andover MA 01845 14 Second Street and 149 Main Street Second &Maid LLC:Request to continue until the February 7,2023 meeting.Application for a Site Plan Review, Parking,Inclusionary Housing Requirement and Downtown Overlay District Special Permits under Article 8 Supplementary Regulations,Part I Off-Street Parking and Loading,Part 3 Site Plan Review,Part 13 Inclusionary Housing Requirement,Article 18 Downtown Overlay District Part 1,and Article 10 Administration(195-10.7) of the North Andover Zoning Bylaw. The Applicant proposes redevelopment of the property into a mixed-use development contained within a single building, including ground floor commercial space along with two floors of residential units above the first floor. A total of 24 residential units are proposed, along with parking, landscaping, lighting and other improvements to be located on a single lot consisting of approximately 28,559 SF by combining parcels known and numbered as 149 Main Street and 14 Second Street. The property is located with the General Business District and Downtown Overlay District. ANR PLAN 122 Millpond (Map 95,Parcel 122 Harkaway Road),Mary Ann Gillen,President Millpond HOA: Applicant Proposed to divide one lot into two lots. The property is located in the Residential 4 zoning district. J. Enright: After reviewing the submitted plan the Building Commissioner communicated the CBA area has not been calculated according to Zoning bylaw 195-7.1.A. The revised plan now reflects"Contiguous Buildable Area is yet to be determined". One of the lots is encumbered by a wetland buffer zone.Frontage for Lot 2 is 152 ft. and Lot 1 is 164 ft., access is via Harkaway Rd. Existing tennis courts at Millpond are located where the Lots are shown. Tom Zahoruiko,Zendko LLC: Flagged wetlands across the street; Conservation confirmed their locations; a filing with them is required. Original dividing Iine has been moved further to the east;the CBA excluding anything within the wetland buffer of the 100 ft. buffer was short of the 9,375 SF;moving it 21 ft. to the west making it over 9,375 SF.No variance is required; CBA is over the 9,300 SF with the exclusion of the 100ft. buffer. We can still build within the 100 ft. buffer. J. Enright: Plans are still being pursued to build a Rail Trail, a portion of which would run behind these Lots.The Town is working with Stantec Engineering. MOTION: J. Simons made a motion to approve the ANR for 122 Millpond providing the the CBA be added to the plan at the time of Building Permit or Zoning application and to direct the Planner to sign the ANR. A. Koenig seconded the motion. Roll call vote: K. Cormier voted yes(remote). A. Koenig voted yes. E. Goldberg voted yes. J. Simons voted yes. P. Boynton voted yes. The vote was 5-0, unanimous in favor, DISCUSSION ITEMS Potential Zoning Bylaw Amendments: Inclusionary Housiull Requirement J. Enright:No Board comments made. Flood Plain J. Enright:No Board comments made. First public hearing for the above planned for Planning Board meeting scheduled for February 28,2023. Dover Bylaw: J. Enright: Reviewed proposed amendments for"Limited" Site Plan Review separating out Dover uses for the special permit required under Site Plan Review; all else remains intact.New section (8.18) has been added;this remains a formal process with the Planning Board. Applicants file a new application for"limited review" providing evidence of the Building Commissioner's written determination if provisions of MGL C. 40A, Section 3 2 P i Town of North Andover PLANNING BOARD Eitan Goldberg, Omit- Seart ICevlrrlutrt • ' °' Kelly Cormier Peter Boy�tton 9� �� •� Alissa lCoenig Johrt Simons ' Trrestlrry January 17, 2023 7 p.m., 120 Main Street Town Hall,North Andover,MA 01845 are applicable. Applications would then be made to the Planning Board who weigh in on criteria: bulk/height, lot area,setbacks, open space, parking/building coverage requirements, lighting, safety,fire protection and sustainability and resiliency principles. Planning Board retains authority to seek 3`d party review, if warranted. E. Goldberg): The additions make the process easier for applicants to apply the Dover criteria,preventing friction. Appeal is troubling unless it relates to the building permit issuance. J. Enright: Meeting with Town Counsel regarding appeal process. E. Goldberg:._ oldberg: Suggests including reference to the actual Dover Amendment in the event changes are made to the state law; where changes can only be made Ix per year for things we haven't thought of yet. For example, a new use is"added"protecting us from vulnerability if our bylaw doesn't match state law. This bylaw doesn't change any criteria we are allowed to apply. P. Boynton: Questioned,with respect to Brooks, whether there are elements of Dover that could put protection of the lake and drinking water supply at risk. We have Watershed Special Permit authority; could an entity like Brooks use Dover to override a key aspect placing the Watershed or lake in danger of risk?Anything that would override protection of drinking water is worthy of attention.Are there many entities that enjoy Dover protections immediately adjacent to surface drinking water supplies?Likely few; they're uncommon in the state. Wondered if the state missed this or addressed it in another way. It's worth raising the question whether the state intended Dover to exclude protection of surface drinking water supplies?Are there unintended consequences that exposes us?Is Dover replicated in other states or is it unique to MA? J. Simons: Believes"if"Brooks Brooks chose to ignore all zoning Currently,they'd be exempt fi-onn Watershed Protection. Fortunately, we haven't dealt with this yet, but things could change. E. Goldberg: Questioned whether a Watershed Special Permit would be required if Brooks applied for a Limited Site Plan Review Permit; this requires research. This bylaw doesn't change criteria, it applies to zoning not exemption from wetlands, Wetland Protection Act, Conservation requirements however exclusion from our Watershed Special Permit"could" be consequential. J. EnrifYht: Will discuss with Town Counsel. K, Cormier: Inquired percentage of town this addresses; could be substantial. E. Goldberg: Agreed, however this is "use"based v. land based. Merrimack is covered by Dover;justified educational use; childcare establishments,religious use, educational facilities qualify. J. Enright: Many towns have Dover bylaws; particularly college towns and private school towns, Framingham, Concord, Andover, to name a few. MEETING MINUTES: Approval of the January 3, 2023, Meeting minutes. P. Boynton made a motion to approve the January 3, 2023,Meeting minutes. A. Koenig seconded the motion. Roll call vote: K. Cormier voted yes-remote. A. Koenig voted yes. J. Simons(abstained-absent last meeting). P. Boynton voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor. ADJOURNMENT MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons. Roll call vote: K. Cormier voted yes-remote. A. Koenig voted yes. J. Simons voted yes. P. Boynton voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor. Meeting adjourned @ 7:35 p.m. MEETING MATERIALS: Planning Board Meeting Agenda January 17,2023,DRAFT Planning Board Meeting Minutes January 3,2023;Staff Report:230117 Staff Report; 122 Millpond(Map 9,Parcel 122 Harkaway Road): Millpond ANR Application---Jan 11 2023,230117 Rev ANR Plan;0 Turnpike Street,Middleton Farnns,LLC: Continuance Request: 3 Town of North Andover PLANNING BOARD 1. Sean Ifevlalran Eitan Goldberg, Chair ,U,,,, . Peter Boynton •, Kelly Corrrrier John Sinrorrs Alissa Koenig Tuesday January 17, 2023 a, 7 p.rrt,, 120 Main Street Town Hall,North Andover,MA 01845 220112 Con't Request; 1701 Osgood Street,Extra Space Storage,LLC:1701 Osgood Street: Continuance Request:230112 Con't Request; 14 Second Street and 149 Main Street,Second and Main,LLC: Continuance Request:230112 Con't Request;Inclusionary Housing Requirement:221202 Amend--Part 13 Inclusionary Housing Req. ;Flood Plain:221221 DCR Strike Through Amendments Floodplain Bylaw;Dover Bylaw:230117 Part3sitepinrev JE, 4